Questions?What Is a Birth Injury Settlement?
Birth injury lawsuit settlements are financial payouts made to families when medical mistakes during childbirth cause harm. The compensation is usually paid in a lump sum without the family going to court.
Compensation from birth injury lawsuit settlements provides families with the financial aid needed to care for a child who suffered a preventable birth injury. Many birth injury lawsuit settlements result in multimillion-dollar payouts.
Watch our short video to learn more about birth injury lawsuit settlements.
Learn how birth injury settlements, which average $1 million, can offer crucial financial support to families impacted by preventable harm during childbirth. View Transcript.
Duration: 1 min 23 sec
Most birth injury lawsuits are resolved with a settlement instead of going to trial.
A birth injury lawsuit settlement provides much-needed compensation to families of children with birth injuries without the risks and delays associated with a trial.
These settlements play a crucial role in ensuring justice for families affected by birth injuries.
Many birth injuries result in lifelong conditions that require extensive medical care over a child’s lifetime.
Birth injury settlements help families cover these substantial costs, providing financial support for the necessary care and treatments their child may need. The average medical malpractice settlement for a child under one month old is $1 million, according to the TDC Group.
At The Birth Injury Justice Center, we understand the financial burden families face when caring for their injured child.
Our team can connect you with experienced lawyers who’ve negotiated multiple birth injury settlements on behalf of their clients.
You don’t have to go through this alone. Together, we can help you pursue the financial resources needed to give your child the care they deserve. Contact us today to explore your legal options and learn how a birth injury settlement can make all the difference in your family’s life.
Working with an experienced birth injury lawyer can help increase your chances of getting maximum lawsuit compensation for birth trauma. A specialized lawyer can strengthen your case and help you get the money to pay for the treatment your child needs.
Get a free case review right now to see if you qualify.
Recent Birth Injury Compensation Amounts Awarded
The Birth Injury Justice Center partners with some of the best birth injury law firms in the country. Together, they have helped families of children with birth injuries secure over $917 million.
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Over $10.4 million for a Pennsylvania family of a child with cerebral palsy (CP)
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$8 million for a New York child with a vacuum extraction injury
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$7.8 million for a Florida family whose child developed CP
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$6 million for the family of a child in California with CP
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$5.1 million for a Texas family whose child developed neonatal asphyxia
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$5 million for a Massachusetts child for brain damage during delivery
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$4.5 million for a family in Illinois whose child developed Erb’s palsy
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Over $2 million for a North Carolina family of a child with a brachial plexus injury
Although each case varies, knowing what other families have won from birth injury lawsuit settlements and verdicts can be helpful.
If your child was harmed, you may be entitled to compensation as well.
Call us right now at (800) 914-1562 or Click to Live Chat to see if you qualify.
Birth Injury Settlements vs. Trials
Birth injury lawsuit settlements occur when both sides agree on a compensation amount that the defendants will pay to cover the costs associated with the birth injury. If a settlement cannot be reached, the case will move forward to a trial.
In birth injury medical malpractice cases, a settlement is usually reached before the case goes to court. However, even if a settlement isn’t reached out-of-court and the case goes to trial, it can still be settled at any point during the legal process.
Most lawyers will fight for a settlement instead of taking a case to court since trials are costly, time-consuming, and risky. If the court does not rule in your favor, you may not win any compensation at all.
In general, birth injury lawsuit settlements award families with compensation quicker than trial verdicts.
Birth Injury Settlement Timeline
The timeline for a birth injury settlement can vary. Some cases are resolved within a few months. However, others can last well over a year.
These 4 factors can affect the birth injury settlement timeline:
- Case complexity: Cases with severe injuries or disputed facts tend to require more time.
- Insurance company tactics: Sometimes, insurance companies may employ delay tactics or offer low settlements initially, which can lengthen negotiations.
- Negotiation process: The amount of time negotiations take can vary, especially if multiple parties are involved.
- Trial schedule: If a case goes to trial before a settlement is reached, court calendar availability can lead to delays.
Working with an experienced birth injury law firm can help ensure your birth injury settlement timeline is as short as possible while getting the most favorable results.
They will handle all legal work, making sure it is stress-free for you and your family.
Are Labor and Delivery Malpractice Settlements Confidential?
In many cases, when individuals sue for a birth injury, they must sign a non-disclosure agreement (NDA). This prevents the details of the settlement from becoming public.
Pursuing a labor and delivery malpractice settlement typically involves seeking compensation from the insurance company of the responsible medical providers or hospital.
Doctors or hospitals may insist that you sign an NDA so the incident does not affect their reputation. Additionally, an NDA can be helpful if you want to keep the details of your child’s birth injury private.
If you have questions about whether you may be eligible for labor and delivery malpractice settlements, our registered nurses can help. They can talk with you in confidence about whether a medical mistake could have caused your child’s condition.
Connect with one of our labor and delivery nurses now.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
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Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.
What is the Average Birth Injury Settlement Amount?
The average birth injury settlement amount is estimated at about $1 million. This figure reflects a payout for children under 1-month-old who have been affected by medical negligence during the birthing process.
Birth injury settlements are meant to cover medical bills, future care needs, and compensation for pain and suffering. Therefore, many families are awarded multimillion-dollar payouts for catastrophic birth injuries.
However, it’s important to note that each case is unique, and compensation from birth injury lawsuit settlements can vary widely based on the specifics of the injury and other factors.
Factors Affecting Birth Injury Settlement Amounts
Birth injury lawsuit settlements vary depending on the specifics of each case. This is because they are meant to account for all potential costs to ensure families are compensated fairly.
An experienced attorney can explain the factors that are likely to affect your potential settlement prior to filing your birth injury lawsuit.
Learn more about key factors that affect settlement amounts below.
Severity of the Birth Injury
The severity of your child’s condition directly impacts birth injury settlement amounts, with more severe injuries typically resulting in higher payouts. This is because the medical bills, cost of ongoing care, and decreased quality of life are usually greater with severe injuries.
Medical Expenses
If a preventable birth injury caused your child to develop a long-term disability, your settlement award should cover most or all of their medical expenses.
For example, children with severe birth injuries may require daily medications, several types of therapy, and more rigorous treatment like surgery.
Your lawyer will determine your child’s estimated lifetime treatment costs and seek enough compensation to cover them.
Quality of Life
Birth injuries can greatly affect all aspects of a child’s life. Some patients require adaptive equipment to move independently. Homes may also need to be modified to fit a child’s needs. Without these changes, the child’s quality of life may suffer.
Lost Wages of Parents
Additionally, one or both of the child’s parents may have to quit their jobs to provide care, leading to a loss of income. While this can help manage the child’s immediate health care needs, caregiving duties, and less income can place a lot of stress on families.
Which State the Baby Was Born In
Your birth injury settlement amount can vary based on the state where the harm occurred due to differing laws. Some states place caps on how much money people can be awarded in medical malpractice lawsuits.
Get a free case review right now to find out if you may be eligible for a birth injury settlement.
Benefits of Birth Injury Lawsuit Settlements
Children with birth injuries such as a brain injury, cerebral palsy, and Erb’s palsy may require various long-term medical treatments to manage their conditions.
$1.65 Million
The estimated lifetime cost for caring for a child with cerebral palsy
Source: Centers for Disease Control and Prevention (CDC) adjusted for 2024
For that reason, birth injury lawsuit settlements provide money to help pay for the life-changing birth injury treatments your child needs to have the best quality of life.
Birth injury lawsuit settlements can help cover costs such as:
- Assistive devices
- Lost wages if you miss work to provide care
- Medications
- Occupational therapy
- Pain and suffering
- Physical therapy
- Special education
- Speech therapy
- Surgery
- Transportation modifications
- Other associated costs
Birth injury lawsuit settlements also hold negligent health care providers accountable for their actions.
Although nothing can change what happened during your child’s birth, financial compensation from the parties responsible can give you a sense of justice.
How to Seek Birth Injury Lawsuit Settlements
To secure a birth injury settlement, you will first need to file a personal injury lawsuit. Generally, working with a top birth injury lawyer is the best way to get started.
- Get a free consultation: First, get a free case review from a qualified birth injury lawyer. This initial step is important for determining your eligibility to file a lawsuit.
- Investigate the cause: Next, your lawyer thoroughly investigates your child’s birth to determine if their condition may have been caused by medical negligence.
- Collect evidence: After that, your legal team will gather medical records and bills, expert opinions, and other relevant evidence to build a solid case.
- File the lawsuit: Birth injury law firms handle each step of the lawsuit process, ensuring all required documents are filed properly and on time.
- Negotiate on your behalf: At this point, your legal team will work to secure the maximum birth injury settlement amount without you having to go to court.
- Represent you in court: If a settlement isn’t negotiated, then your lawyer will take your case to trial to continue fighting for your family.
Attorneys at birth injury law firms can build a strong case that explains how your health care provider failed to meet the standard of care. They will also detail why your family deserves compensation for the harm done.
Get Help Pursuing a Birth Injury Settlement
Doctors, nurses, and other health care professionals have a duty to safely deliver babies and navigate emergency birthing situations. Unfortunately, negligent actions in the delivery room can lead to birth injuries and lifelong disabilities.
You should not have to pay for your child’s treatment – especially if their birth injury could have been prevented. Birth injury lawsuit settlements can provide your family with the compensation needed to help your child live their best life.
Call (800) 914-1562 right now or get a free case review to find out if you may be able to file a lawsuit and secure a birth injury settlement. Our caring patient advocates are standing by to help you.
Birth Injury Lawsuit Settlements FAQs
How much compensation for birth injury can I receive?
Birth injury payouts average around $1 million. However, many families have received multi-million dollar awards.
The amount of birth injury lawsuit settlements varies greatly due to factors such as the severity of the injury, long-term impact, and level of medical negligence involved.
A skilled personal injury lawyer can help you estimate the potential value of your claim and fight for the compensation you deserve.
What is considered a birth injury?
A birth injury refers to any physical harm that a baby experiences before, during, or shortly after birth. They can happen due to various factors, including medical negligence or complications during labor and delivery.
Common types of birth injuries include:
- Brain damage
- Cerebral palsy (CP)
- Erb’s palsy
- Fractures
- Hypoxic-ischemic encephalopathy (HIE)
Birth injuries can have long-term effects on the baby’s health and development, ranging from mild to severe.
Unfortunately, many families don’t realize their child was harmed at birth until they grow and begin missing milestones. However, you don’t need a diagnosis to take legal action if you suspect something went wrong during childbirth.
Call (800) 914-1562 right now to find out if you may have legal options.
What is the average settlement for birth injury lawsuits?
Medical malpractice cases involving children under one-month-old award about $1 million on average, according to TDC Group (a physician-owned provider of medical malpractice insurance).
This money is usually awarded through out-of-court birth injury lawsuit settlements to help cover the costs of caring for a child with disabilities.
What are birth injuries due to negligence?
Birth injuries due to negligence occur when health care professionals fail to uphold the standard of care during childbirth, leading to preventable harm like cerebral palsy, Erb’s palsy, or brain damage.
These injuries can cause lifelong harm to a child’s health and development. Birth injury lawsuit settlements allow families to access the money they need to provide the best possible life for their children.
Can you sue a hospital for traumatic birth?
Yes. If a hospital’s negligence resulted in a traumatic birth causing harm to your child, you may have grounds to file a lawsuit. For example, a hospital may be held responsible for the lack of training of an employee who caused harm to your child.
Who pays out a birth injury lawsuit settlement?
Birth injury lawsuit settlements are usually paid out by the insurance companies of the doctors, nurses, medical professionals, and/or hospitals that caused your child’s injury.
How much does it cost to file a birth injury lawsuit?
Filing a birth injury lawsuit typically doesn’t require upfront costs, as the best birth injury lawyers work on a contingency fee basis. This means they only receive a payment if they win your case, taking a percentage of birth injury lawsuit settlements or court-awarded damages.
How long does a birth injury lawsuit take?
The duration of a birth injury lawsuit can vary widely depending on several factors. Typically, a birth injury case takes several months to over a year to resolve.
Factors influencing the timeline include the complexity of the case, the extent of the injuries, the legal process involved, and whether the case goes to trial or is settled out of court.
It’s essential to work closely with experienced legal professionals who can provide guidance and support throughout the process.
When will I receive money from a birth injury settlement?
It depends. All cases are different and can be resolved in different ways. A settlement offer can be made at any point in the lawsuit process. An experienced birth injury lawyer can help you get an idea of how much money you may receive and when you will be paid.
How do I get a birth injury lawsuit settlement?
The first step in pursuing a birth injury lawsuit settlement is finding an experienced lawyer to file your lawsuit before any deadlines and build a strong medical malpractice case on your behalf.
While there are no guarantees, working with a skilled attorney can increase your chances of obtaining a birth injury settlement.
Take the first step in the legal process and see if you can connect with a birth injury attorney through a free case review right now.
